Charles McCarthy

“ Time after time it has been found in the drafting of Wisconsin's strongest laws, that they were somewhat modified under the fire of criticisms made by attorneys and experts appearing before the legislative committees. With sufficient expert help for the legislature there is little to fear and much to gain from strong, clear argument presented by the opponents of a bill. The committee may say frankly that some kind of legislation embodying a certain idea is going to be reported and if the opponents wish it to be sane and workable they will give their best help by reasonable criticism. ”

“ Those who favor it justify their attitude on the basis that although one party may go into another party's primary and nominate its weak man, it more often happens that the independent voter will cast his vote for the person whom he considers to be right, no matter to what party he belongs. The reform and not the party seems to be the main issue in Wisconsin, and there are those who vigorously state that the badge of party loyalty has too long been a mask used in defeating the manifest will of the people. ”

“ It is the principle that the nominee of a political party should represent the party principles or policy of the majority of the voters of the party. It prevents the possibility of a man representing the principles of only one-fourth of the voting strength of the party being nominated as the candidate of the party, and in direct conflict with the views of three-fourths of the voters of the party. It was the recognition of this principle that caused the conventions to nominate by majority vote of the delegates instead of by plurality. ”

“ This system does not always insure a majority of all votes cast but it does insure the nomination of a candidate who represents the majority sentiment of the party as regards party principles. Let us illustrate by showing what can happen under the present law, where a first choice alone counts and the high man is nominated, all of the rest being 'eliminated.' To begin with, remember that the present primary is, in effect, a party convention to which all party voters are delegates entitled to one vote on the only 'roll call' allowed. ”

“ It is evident that the Wisconsin legislature is, on the whole, improving from year to year. There are not as many brilliant leaders as formerly but neither are there as many stupid or corrupt men. The primary seems to elect a middle class average man of independence and intelligence. The old system tended to elect either brilliant, well-known men or those who were merely pawns in the game. Under the primary, individuals announce their intention of becoming candidates and fearlessly run for office. ”

“ The writer does not agree with that philosophy, but nevertheless he must admit that because of the new primary law, there is sometimes so much individualism in the Wisconsin legislature that it is difficult to promote business rapidly. There have been occasions when to some extent a lack of unison was evident. Business is not despatched as smoothly as formerly because you have to "show" every man. Each individual member wants to know about it and talk it over and he is unwilling to accept such leadership as was prevalent under the old system. The boss is not welcome now. ”

“ The most noteworthy feature of the primary election law is that it is an absolutely direct election, compulsory and state wide. It was intended to abolish the caucus and it does. There is no caucus and there is no voting for delegates of any kind, except delegates to the national convention. Chapter 451, laws of 1903, provides for absolute secrecy and a thoroughgoing secret ballot incorporated into the primary election law. It is what is called the open primary, that is, there is no test of party affiliation. ”

“ As a business device it would go wrong, as there was absolutely no way of fixing responsibility. The uneasiness felt by the people because those who determined its policies did not represent the real sentiment, had to be pacified in some way. It was felt that the primary was the means for combating the secret intrigue which skilled corporation employees could sustain in a caucus and convention system. ”

“ There are those who believe that some of the state officers should not be included in the primary law. Without a short ballot, it is difficult to judge of the fitness of a secretary of state, a state treasurer or an attorney-general. Fortunately there are very few such officers in this state, but in the opinion of many who have studied the question well, in those states which have a multiplicity of elective state officers there may be further justification for the above criticism. ”

“ In a newspaper election held by a Milwaukee paper the voters seemed loathe to use the second choice at all. The opponents of the law claim that it cannot be understood by the average voter, that it will cause all kinds of mistakes and will require a long time to tabulate results. Its supporters admit this last contention but maintain that it is not serious and that the tally sheets inserted in the law will make it easily and correctly counted by men of fair intelligence.
There was added to the primary at the 1911 session, a presidential preference law (chapter 300, laws of 1911) . ”

“ After all, it is not unlike the process by which the legislature delegates to committees the power to consider bills and to recommend them. The legislature should be a convenience, a committee of the whole people. If it does not fulfill the will of the whole people for some particular reason, the people should have a right to assert their will. ”

“ Whatever may be the defects of the direct nomination of candidates, it must be said that with organized and vigilant monopolistic power in existence, a system, by which a few men gathered together to select others who, in turn, selected others as candidates, was so complicated and presented so many opportunities for influence or corruption that it had to go. ”

“ In order that institutions may not be destroyed by having their appropriations withheld until the results of the election have been ascertained, a state of affairs which caused much opposition to the Oregon amendment, the following procedure on emergency bills has been instituted:—
"An emergency law shall be any law declared by the legislature to be necessary for any immediate purpose by a two-thirds vote of the members of each house voting thereon, entered on their journals by the yeas and nays. ”

“ The Social-Democratic party, which is represented by fourteen members in the legislature, are greatly opposed to this form of ballot. This organization believes in working strictly through party lines, in making a program and remaining true to it regardless of individuals. To remove the circle from the ballot would be striking at the very fundamentals of this party. The tide has always been turned against an Australian ballot bill by the Socialist vote and proposed bills for non-partisan elections in cities have suffered like defeat. ”

“ It should not be permitted to confuse the situation by sending one or more competing bills to the people. This clears the decks and makes the issue clean cut. Suppose that a strong bill comes before the legislature and that body passes some weak substitute for it; under this plan the people can do one of two things: they can call for a referendum on this weak plan and kill it or they can call out some other and better bill, with whatever strengthening amendments the petitioners may desire, and pass this bill, thus repealing the first bill by superseding it. ”

“ The elector is selecting a public servant to perform public duties, and if the elector makes a mistake in this selection, he must bear the burden. It is a public duty he is performing, and the entire commonwealth is interested in having each elector receive sufficient information to perform that duty intelligently and well.
"The qualifications of two men being equal, the power of one with a large amount of money to spend, should be no greater, in securing votes, than the one without money. ”

“ If the court shall find that the candidate whose right to any office is being investigated, or his personal campaign committee or any member thereof has violated any provision of this act, in the conduct of the campaign for nomination or election, and if such candidate is not one mentioned in subsection 2 hereof, judgement shall be entered declaring void the election of such candidate to the office for which he was a candidate, and ousting and excluding him from such office and declaring the office vacant. ”

“ If such officer, when nominated and elected, would not receive a salary and if such officer had no predecessor, and in all cases not specifically provided for, twenty-five dollars and no more."
The most daring and experimental feature of the whole law, which has found no place elsewhere, is the procedure for prosecutions of offenders. This is again based upon a concept already familiar to readers of this book. It strives to give the man who has no money a chance to stand in the court against a wealthy and corrupt man. ”

“ If the legislature passes something which the people do not want, they will overturn that measure if they so desire, or if the legislature fails to pass something which the people do want, they can remove it from the hands of the legislature and refuse to accept the report of the legislature upon the matter. ”

“ But no person shall be prosecuted, or subjected to any penalty or forfeiture, except forfeiture of nomination or of election to office, for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in such proceeding or examination, except a prosecution for perjury committed in giving such testimony. ”

“ The Wisconsin leaders, desiring to retain the advantages gained by subjection of bills to severe criticism, provided that any bill, which has been introduced into the legislature within the first thirty days of the session, whether it has passed the legislature or not, may be called out by petition and submitted to the people at the next election. ”

“ If a committee of the legislature does not do what the legislature desires, it overturns the reports of the committee on the floor of the house, modifies it or does whatever it pleases with it, so under this resolution, the people will allow the legislature to act upon the measures as a matter of convenience. ”

“ Under the Oregon law these bills would have to be rejected or incorporated into the statutes without the change of a word or the dotting of an i. Bills submitted to the people should be so worded that a yes or no on the part of the voter is all that is necessary. It was felt that under any other system the voter might have to answer a question like that put to the man who insisted that a public speaker answers questions asked him by a yes or no. ”

“ No better argument in favor of this innovation can be given than that used by Mr. Charles K. Lush, a brilliant newspaper man and author, who has given permission to use excerpts from his pamphlet "An essential amendment to the primary law." As this pamphlet is now out of print and the discussion is so exceedingly valuable many extracts from it have been used. It must be remembered in reading it that it was written before the second choice law was passed. ”

“ Names of candidates for president and vice-president may be placed on ballot. 6. For the purpose of enabling every voter to express his choice for the nomination of candidates for president and vice-president of the United States, whenever there shall be filed with the secretary of state a petition as provided by section 30 of the statutes, the names of such candidates shall he certified to the county clerks, and shall he printed upon the official party ticket used at said election. No signature, statement, or consent shall be required to be filed by any such candidate. ”

“ If more than one proceeding is pending or the election of more than one person is investigated and contested, the court may, in its discretion, order the proceedings consolidated and heard together and may equitably apportion costs and disbursements. ”

“ Bagehot, in his "History of the British Constitution," somewhere says that the best government is that in which there is a limited number of real aggressive leaders and a great many who are willing to be led. ”

“ No person shall be excused from testifying in such proceeding, or in any proceeding for violation of or growing out of the provisions of this act, on the ground that his testimony may expose him to prosecution for any crime, misdemeanor or forfeiture. ”